Congressional Record, May 4, 2020, from Page S2196 — Senate
Summary
A page of the Congressional Record, Senate, dated May 4, 2020, at page S2196. The first remarks thank Dr. Brian Monahan, the Architect of the Capitol, the Sergeant at Arms and staff for steps back toward in-person Senate operations, and say the Senate will show up for work like essential workers. The Democratic leader then speaks, noting that more than 1 million Americans have tested positive for COVID-19 and more than 67,000 lives have been lost, with New York hit hardest. He criticizes the Republican leader's priorities of judicial nominees and legal immunity for corporations and asks to hear from Dr. Fauci, Dr. Birx and Secretary Mnuchin.
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“Congressional Record, May 4, 2020, from Page S2196 — Senate.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2020-05-04-crec-2020-05-04-pt1-pgs2196-5-5052eef647/
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S2196 CONGRESSIONAL RECORD — SENATE May 4, 2020
these careful steps back toward in-per- to change their tactics. But as long as families unable to comfort or even say
son operations: Dr. Brian Monahan and floor time and rollcall votes remain goodbye to a loved one have been ex-
the entire Office of the Attending Phy- the only way for the Senate to fill im- tremely painful, enough to break your
sician, well done; everyone in the Of- portant posts, that is what we will do. heart.
fices of the Architect of the Capitol, We cannot let nuclear watchdogs or At the same time, while we are griev-
the Sergeant at Arms, the Secretary of counterintelligence leaders stay on the ing, we are also inspired by the bravery
the Senate, and our colleagues on the sidelines. of our doctors and nurses, healthcare
Rules Committee and their staff. Of The Senate is going to be as smart workers, first responders, and other
course, the teams who support our net- and safe as we possibly can, and we are daily heroes—many of them immi-
works and telecommunications were going to show up for work like the es- grants—on the frontlines of this crisis.
working hard day and night during sential workers we are. Our bosses are To them we owe an extraordinary debt
these weeks of remote work. the American people, and they are of gratitude, an enormous thank-you
Even more broadly, I want to recog- counting on us to keep on serving. that I hear out the windows of my
nize and thank all—all—the essential It is good to see the Chair and all of apartment and many in New York at 7
Senate staff who are here with us our colleagues again. I am grateful p.m. when we applaud them as they
today in person so the Senate can func- that all 100 of us have come through change shifts every night—an act that
tion. Whether they be staff members in the last several weeks safely and in brings isolated New Yorkers together.
our own offices and committee offices, More than that, this Congress, this
good health. Let’s work together,
all the nonpartisan professionals who Senate, must deliver the people of our
across the aisle, and get some more
serve the institution itself, and, par- country relief. We have come together
work done for the American people.
ticularly, our facilities employees, on several occasions to pass historic
f legislation in this time of crisis. They
custodians, food service staff, and, of
course, the men and women of the Cap- RESERVATION OF LEADER TIME passed 96 to 0, which shows that this
body can come together in a time of
itol Police, we are grateful for your The PRESIDING OFFICER. Under crisis, which should give Americans
service, and, more importantly, your the previous order, the leadership time some hope and some solace. Let me be
country is grateful for your service. is reserved. very clear. Our work is far from over.
You are literally helping our govern- f The Republican leader has called the
ment function in the midst of this cri- Senate back into session despite the
sis. CONCLUSION OF MORNING
fact that the District of Columbia ap-
The Senate is back in session because BUSINESS
pears to be reaching the peak phase of
we have important work to do for the The PRESIDING OFFICER. Morning this public health emergency, despite
Nation. Critical posts throughout the business is closed. the risks we face by gathering here in
Federal Government—from public the Capitol, despite the risks faced by
f
health to national security and be- security guards, cafeteria workers,
yond—remain vacant. Qualified nomi- EXECUTIVE SESSION janitors, and the staff who operate the
nees who have been held up for too long floor of the Senate. I want to take a
already have become even more nec- moment to thank each and every one
essary in these uncertain times. EXECUTIVE CALENDAR
of them—and all of those Capitol Hill
On the floor and in committee, the The PRESIDING OFFICER. Under workers—for being here today, for
Senate will be acting on key nomina- the previous order, the Senate will pro- doing their jobs so that we may do
tions that relate directly to the safety ceed to executive session to consider ours.
of the American people, oversight of the following nomination, which the If we are going to be here, if we are
our coronavirus legislation, and more. clerk will report. going to make these fine people come
We need to continue to maintain and The legislative clerk read the nomi- into work in these conditions, let the
safeguard our domestic nuclear re- nation of Robert J. Feitel, of Mary- Senate at least conduct the Nation’s
sources. That is our first nominee, Mr. land, to be Inspector General, Nuclear business and focus like a laser on
Feitel. Regulatory Commission. COVID–19. At the moment, the Repub-
We need to keep protecting our Na- Mr. MCCONNELL. I suggest the ab- lican leader has scheduled no signifi-
tion against foreign intelligence serv- sence of a quorum. cant COVID-related business for the
ices. That is another nominee we will The PRESIDING OFFICER. The floor of the Senate. Tonight, we will
be moving soon, Mr. Evanina. Those clerk will call the roll. vote on a nomination to the Nuclear
around the world who wish harm on The legislative clerk proceeded to Regulatory Commission. Later this
Americans are not going to give us a call the roll. week, the Republican majority on the
free pass until the pandemic is over, so Mr. SCHUMER. Mr. President, I ask Judiciary Committee will hold a hear-
the Senate needs to overcome obstruc- unanimous consent that the order for ing for a manifestly unqualified, to-
tion and continue to act. the quorum call be rescinded. tally divisive, rightwing judicial nomi-
I don’t think anybody could seriously nee.
The PRESIDING OFFICER. Without
argue that filling critical national se- When the topic of COVID-related leg-
objection, it is so ordered.
curity posts is not essential Senate islation has come up, Leader MCCON-
RECOGNITION OF THE MINORITY LEADER
business. But to any of my colleagues NELL has simply drawn partisan lines
who may wish that we did not have to The Democratic leader is recognized.
in the sand. First, he has suggested
devote floor time and rollcall votes to CORONAVIRUS
that States and localities should go
these kinds of nominations, I would Mr. SCHUMER. Mr. President, the bankrupt—let them go bankrupt. He
simply say: I agree with you. I agree Senate convenes a session this evening has since realized his mistake and
with you. during a trying time for our Nation. As walked that back. But then, only a few
Unfortunately, for more than 3 years we speak, millions of our citizens are days later, the leader vowed to block
now, my colleagues in Democratic respecting stay-at-home orders and any bill that does not include legal im-
leadership have used across-the-board doing their part to stop the spread of munity for big corporations that oper-
obstruction to force floor time and this pernicious disease. Millions upon ate unsafely and put workers in harm’s
even cloture votes for the kinds of sub- millions are now newly unemployed, way.
Cabinet level nominations that used to dependent on the actions we take in The Republican leader said that his
travel easily by voice vote. If any of Congress to stave off financial disaster. redline in a future relief package is not
my colleagues on either side wish that More than 1 million Americans have a national testing program; it is not
we could recover the Senate’s tradition tested positive for COVID–19. More more help for small businesses or hous-
and spend less floor time on these sorts than 67,000 lives have been lost. ing assistance for families; it is not
of nominations, I would invite them to My home State of New York has been rescuing our healthcare system. Leader
share their view with the distinguished hit the hardest. The loss of so many MCCONNELL will not support new legis-
Democratic leadership and invite them precious lives, the suffering of so many lation to fight this evil disease unless
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May 4, 2020 CONGRESSIONAL RECORD — SENATE S2197
it gives big corporations legal immu- gress, given to us by the Founding Fa- the current crisis and certainly the
nity. thers, is oversight, to make sure that best way to prevent a future crisis
Judicial nominees, legal immunity the executive is executing the laws. So from growing out of control.
for big corporations—in all due respect, we need to hear from Dr. Fauci, Dr. So there can be no doubt that this
Republican leader, these are not the Birx, Secretary Mnuchin, Chairman will be one of the strangest sessions of
Nation’s most urgent priorities right Powell. We need to know why so many the U.S. Senate in modern history. Our
now. There are much more pressing small businesses are having trouble offices will be emptied, our staffs work-
issues that deserve not only the Sen- getting loans, while larger and more ing from home. Senate Democrats will
ate’s focus and attention but should be well-connected businesses are not. We not hold regular caucus meetings in
the subject of bipartisan negotiations need to know why unemployment in- person. We will do them by teleconfer-
for the next emergency relief package, surance checks are failing to get to ence. Anyone who comes to the well of
known as COVID 4. workers. the Senate to speak will wipe down
Here are just a few. Our health sys- Maybe, above all, we need to know their microphone and desks with a dis-
tem is under enormous strain. We need why we still don’t have enough tests. infectant and refrain from the usual
more money to flow to hospitals, com- Months ago, in early March, here is practice of handing our speeches over
munity health centers, and nursing what President Trump said: ‘‘Anybody to the Senate reporters. We will wear
homes. Essential workers—many on who needs a test gets a test.’’ masks in the hallways of this Capitol
low wages—work longer shifts at great It was a lie then; it remains a lie and on our way home. We will vote in
personal risk. They deserve hazard pay. now. Administration officials promised small groups, and we will not do what
Each first of the month brings new 27 million test kits would be available comes so naturally to every public offi-
rent payments to families suffering fi- by the end of March. It is now May, and cial—shake hands.
nancial hardship. Relief for renters and it still hasn’t happened. The American people are watching us
homeowners must be on the agenda. The President continues to pressure right now. They expect us to do our
State and local governments are States and businesses to reopen, but he jobs. They expect us to come together
stretched to the breaking point, imper- refuses to take responsibility for the to address the issues that really mat-
iling the jobs of teachers, firefighters, one thing that would allow them to do ter. We cannot—cannot—and must not
police officers, food inspectors, and it safely—testing. Do you know how merely go back to business as usual in
other public employees. State, local, the White House knows it is safe to the Senate. It is not business as usual
and Tribal governments deserve Fed- hold a press conference? They test all out in our country. Leader MCCONNELL
eral support. the reporters before allowing them into must hear this.
As we begin to contemplate a return the briefing room. What does the White Right now, Leader MCCONNELL and
to normal economic activity down the House do before the President holds a the Republican majority should shelve
road, one thing is certain: We are not meeting with business leaders? They the divisive judicial fights and the par-
testing nearly enough Americans—not take everyone’s temperature and then tisan, divisive redlines. Let’s focus on
nearly enough—to know when the mo- administer a coronavirus test. working together to heal the sick, em-
ment to safely reopen our country has Why on Earth is there not a plan for ploy the unemployed, stabilize the
arrived. Despite the length of this cri- the rest of the country, the whole economy, and making sure the admin-
country, not just the President and the istration properly executes the laws we
sis—now measured in months—the ad-
White House? Many experts—most ex- pass so that we can prepare our coun-
ministration has yet to develop an ade-
perts—say that we need far more tests try for the day when we will finally,
quate national strategy on testing.
These are urgent issues we should than we have. God willing, return to normal.
If we had been on the same track as I yield the floor.
focus on. These are problems the Amer- I suggest the absence of a quorum.
ican people want us to come together— countries that use nationwide testing The PRESIDING OFFICER. The
Democrat and Republican—to solve. to stop their outbreaks, like South clerk will call the roll.
These are the topics—not redlines in Korea and Canada, we would be testing The legislative clerk proceeded to
the sand on ideological wish lists—that 2 million people a day right now, and call the roll.
we should be debating and negotiating already tens of millions would have Mr. DURBIN. Mr. President, I ask
for a future bill. The Republican leader been tested. Some experts say we unanimous consent that the order for
himself acknowledged that there isn’t should increase capacity to 30 million the quorum call be rescinded.
enough testing on the frontlines, but tests per week later this year. Others The PRESIDING OFFICER. Without
he has reconvened the Senate to do are calling on it to be even higher. objection, it is so ordered.
nothing to address the problem. Right now, we are testing only 230,000 Mr. DURBIN. Mr. President, I am
As we return to work under the cloud people a day—a drop in the ocean com- learning the etiquette of the mask as
of crisis, Senate Republicans should pared to what is needed. we try to make certain we set a good
concentrate on helping us recover from We need testing capacity now, but we example for our country that is very
COVID–19, not confirming rightwing will also need it later. Some believe attentive to the public healthcare cri-
judges or protecting big businesses that COVID–19 will resurge later in the sis we face.
that threaten to put workers at serious year—perhaps with a vengeance. There I listened carefully to the remarks of
risk. were reports today that the CDC has the Republican majority leader. He
The administration has done a very projected a growing number of deaths spoke about the reconvening of the
poor job of implementing parts of the from coronavirus into the summer, and Senate this day, and he talked about
CARES Act and the most recent sup- yet we still don’t have adequate testing the work that we achieved a few weeks
plemental emergency legislation. So or even an indication that the adminis- ago in passing the CARES Act—$2.2
Democrats have urged our Republican tration is focused on the problem. If, trillion in rescue funds for America—
colleagues to, at a minimum, hold God forbid, this virus comes back in by 96 to nothing. Then, by a voice vote,
hearings on the implementation of the summer or the fall, the best way to we passed $484 billion more—almost
COVID-related legislation passed by deal with it is testing, short of a vac- $2.7 trillion. That is an amount that is
Congress. It is a positive step that Sen- cine, which we will not have by then. far in excess of the annual Federal
ate Republicans are now beginning to Testing, we don’t have it. budget of the United States of America
follow our request and considering The lack of a national testing strat- for domestic discretionary spending,
scheduling some oversight hearings in egy, the painfully slow buildup of test- and we did it in a matter of days and
the coming weeks with key White ing capacity, the gross exaggerations weeks. We knew that we were facing,
House Coronavirus Task Force offi- of success by the administration has as the President characterized it, a na-
cials. gone on for too long. This administra- tional emergency, and we still do.
These hearings are very important. tion needs to take on responsibility for The Senate is here today because,
Congress can make laws but only the a national testing regime and deliver against medical advice, the majority
executive can implement them. But a on it immediately. It is, in the eyes of leader has brought us back to Wash-
time-honored responsibility of Con- most experts, the best way to deal with ington. We know what the standard is
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S2198 CONGRESSIONAL RECORD — SENATE May 4, 2020
in the District of Columbia for the peo- the land—the DC Circuit Court of Ap- for going to work every day and risk-
ple who live here—to stay home; not to peals. ing their lives every day to keep us
meet in groups; to work away from I don’t understand it. It is certainly safe—doctors, nurses, lab technicians,
your normal working place to protect hard to argue that this is part of a re- those working in nursing homes—and
yourself, your family, and everyone sponse to a national health emergency to treat those who are infected and
else. Yet we are back in town. The ma- in America. It has nothing to do with save the lives of the people we love.
jority leader tells us we don’t take it. It is a political decision, clearly, to As you listen on television to their
days off. He says we are here to do the elevate this man—of all of the mem- comments about the risks they are
Nation’s business, which can only be bers of the Federal district court bench taking and the costs they are paying
done—that it is only possible—when we across the Nation—to be next in line to with their families and others, I note
are here. He talks about taking careful be considered for the Supreme Court. I how many of them are new immigrants
steps back. I have been waiting for the hope he has seen a Federal trial in the to this country. It is no surprise. Many
majority leader to announce what the time he has served on the district court of these people—well-trained and edu-
business of this week will be. Boy, in Kentucky. I guess we will find out in cated—come to the United States for
there are a lot of things we should be the hearing that has been called for on opportunities they can’t get in their
doing. Wednesday of this week. home countries, and in terms of our
I know, back home, from the endless So, when the majority leader comes healthcare, we prosper because of that
telephone conference calls that I am to us and says we have important decision. Yet, when it comes to deci-
involved in and from the comments by nominations that deal with national sions by the U.S. Senate in dealing
my friends and neighbors in Illinois, security, I am sorry, but Judge Walker with immigration and healthcare, you
that there are many unanswered ques- is not one of them. What we have in his would think that we would have no use
tions which they would like this Con- confirmation hearing is a political de- for these people.
gress to address. We have been waiting cision for political advancement at the Take the DACA protectees—those
carefully, expectantly, for the majority risk of this Senate and the hundreds of who, under President Obama’s Execu-
leader to announce what we are doing people who are working here today be- tive order, have the protection of
this week that merits this return. It is cause we have been called back. DACA so they will not be deported
not just because Members of the Sen- What else could the Senate Judiciary from the United States and can legally
ate are being asked to come back. Lis- Committee do other than to entertain work in the United States. These are
ten, that is what we ran to do. We Senator MCCONNELL’s former intern to important people. I tried, with Senator
promised the people of our States that be raised to the second highest court in GRAHAM, in a bipartisan amendment
we would be there to do the business of the land? There are a number of things back 6 weeks ago, to say that their
the Senate and the Nation when called we might consider. legal status in America would be re-
upon. Certainly, I want to keep that I think one is contact tracing. Con- spected at least until the end of this
promise. All of us do. Yet it is appro- tact tracing is going to be the key to calendar year so they could continue to
priate to ask exactly what it is this opening our economy in America. Con- be here without the fear of deportation,
week that we will be doing. tact tracing says, if you have been ex- and it was stopped.
There is a noncontroversial nomina- posed to a person who has tested posi- According to Senator GRAHAM, the
tion that will be before us in a matter tive for COVID–19, that we have ways— comment from one of his colleagues
of 2 hours, which is likely to pass by an technological ways and other ways—to was: There go DURBIN and GRAHAM
overwhelming vote. That can’t be the trace you and notify you. That also again, working on the Dream Act.
reason. There must be more, but what raises questions about information and Yes, I am. I am still working on the
is it? There are lots of things which the privacy, which is one of the issues the Dream Act. Do you know why I am
majority leader could bring us back to Senate Judiciary Committee considers. doing this? It is that, out of the 780,000
do. It appears one of the things he is There is the Bureau of Prisons. Cur- DACA protectees, at least 41,000 of
most intent on is to make certain that rently, at the Bureau of Prisons, there them are in the healthcare field today.
we consider the nomination of a young is a raging conflict because there is When it come to those here in the
district court judge from the Common- raging infection. This is not the only United States who have temporary pro-
wealth of Kentucky. This individual correctional institution that faces tected status—at least 11,000 of them—
was nominated last year to serve on that, but it does. Guards, correction of- are we ready to say publicly what some
the district court in the Common- ficers, as well as the inmates them- Members of the Senate say privately:
wealth of Kentucky. His name is Justin selves, are at risk because COVID–19 is ‘‘Let them leave. We don’t need them’’?
Walker. in the ranks of those serving time in I am not going to say that. I know bet-
Justin Walker has a distinction. He our prisons. Many States—even the ter, and so do families across America.
is one of nine Presidential nominees Federal Government to some extent— Thank goodness for these healthcare
who has been sent to the Senate Judi- are considering the appropriate policy heroes—those born in the United
ciary Committee by the White House to keep America safe but also to treat States and those not born in the United
who has been judged ‘‘not qualified’’ by these individuals with fairness, espe- States—who have come here to help us
the American Bar Association. It was cially those who are working for the through this public healthcare crisis.
the American Bar Association that Federal Government and are doing Immigration is an issue for the Senate
said his absence of any significant trial what we ask them to do. That is under Judiciary Committee. Will there be a
experience disqualified him to serve at the jurisdiction of the Senate Judici- hearing this week? None have been
the lowest Federal court—a lifetime ary Committee. posted that relate to this COVID–19
appointment, make no mistake. Yet it Instead of this Kentucky nominee of challenge. We haven’t even addressed
seems Justin Walker is well connected Senator MCCONNELL’s, whom he wants it.
with the majority leader by his having to move up quickly to the second high- What about profiteering? Wouldn’t
served on his staff, at least as an in- est court of the land, shouldn’t we be that be an interesting issue for us to
tern, but it may be more—I am not asking basic questions about the poli- have a hearing on in the Senate Judici-
sure—and other connections that I am cies of the Bureau of Prisons? ary Committee—violations of current
not aware of. It is enough that his There are immigration issues too. It law? As I mentioned, I spent my time
nomination has become a priority for is interesting when you take a look at in telephone conference with a lot of
the U.S. Senate, which is interesting. the spokespersons when it comes to people who are buying protective
Despite any ‘‘career’’ on the Federal medicine. So many of them—not all of equipment—administrators of hos-
district court of less than 6 or 8 months them by any means—are new immi- pitals, clinics, and medical profes-
and despite the fact that he has had no grants to America. I salute all of our sionals themselves. They report what
trial experience by which to take that healthcare heroes. We have signs in our is happening. It came from Fairfield,
job, the majority leader, Senator yard at home, and others around the IL, which is a smaller community in
MCCONNELL, wants this man to be ele- neighborhood do as well. We can’t downstate Illinois, where the hospital
vated to the second highest court in thank these men and women enough administrator said: Senator, we used to
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May 4, 2020 CONGRESSIONAL RECORD — SENATE S2199
pay 22 cents for a surgical gown at this days off. We have negotiated a nearly tion toward full healthcare coverage. I
hospital. The price is now between $11 half-trillion-dollar COVID emergency don’t think that argument is as com-
and $20 apiece. Somebody is ripping aid package for our home States—a life pelling today, under the current cir-
them off. They know it, I know it, and support package to provide much need- cumstances, if it ever were. All of us
the Senate Judiciary Committee ed resources for testing and for our he- appreciate the need for a real safety
should know it too. roic healthcare workers. net. All of us understand, without real
This is another issue we could take When you take a look at the issue of health insurance protection at this mo-
up and that I hope we would consider. lost revenue, I spoke to the mayor of ment in history, the people we love—
Instead, we have MCCONNELL’s nominee the District of Columbia a few minutes our children, our spouses, our parents—
for the DC Circuit Court of Appeals, ago. She talked about revenue that is, would be at risk because they wouldn’t
which he considers to be vital national obviously, lost to her—hundreds of mil- have access to good, quality
business. I don’t see it that way. What lions of dollars that she has to face in healthcare.
I see is a lot of people here who are the next budget—all related to the This is a situation in which this judi-
gathered in the Capitol, doing their COVID and all related to the downturn cial nominee—Mr. WALKER, who was
jobs as they were hired to do and as in our economy. The same thing is true found ‘‘not qualified’’ for the Federal
they are dedicated to perform—at risk. in my State and virtually every other district court position—is now openly
I am prepared to be here because that State. contemptuous of the Affordable Care
is what I ran for office to do, but I This COVID crisis has taken its toll Act and argues that it should be elimi-
would hope it would be for something on business activity, on the attendance nated at this moment in history—the
substantive in order to deal with real at events, on purchases. It means less assurance of healthcare and health in-
issues of national security and, cer- revenue going into the coffers of States surance protection. Is he the person we
tainly, issues related to this national and local governments. We provided want on the second highest court in
health emergency. $150 billion for this purpose in the the land? In the midst of the most
The District of Columbia and the original CARES bill. Many of us be- deadly health crisis and the most dev-
States on either side of the District— lieve we need to stand up for them astating economic catastrophe of our
Maryland and Virginia—all continue to again. You can’t give speeches on the times, the majority leader’s agenda re-
record new cases of COVID infection floor about your respect for the police mains unchanged—to fill the Federal
and death. They have not seen a 2-week and first responders and firefighters bench at any cost.
decline in new COVID cases, which the and then say it is a darned shame that The Trump administration’s response
White House announced as a guideline the people who employ them will not to the COVID–19 crisis has shocked
a few weeks ago, that is necessary to be able to pay them in the months many people. America has 5 percent of
begin the first phase of reopening. The ahead. the world’s population. Yet we have
opposite is true. In this Washington As for this notion of declaring bank- one-third of the world’s COVID infec-
Metropolitan Area, where we have been ruptcy, what an economic disaster that tions and more than 25 percent of the
called in to work today, we find a would be if States and local govern- COVID deaths. Let me say that again.
COVID hotspot. In the week ending ments were declaring bankruptcy right America has 5 percent of the world’s
last Thursday, the District, Maryland, and left, not to mention the real hard- population and more than 25 percent of
and Virginia recorded 20,000 new ship it would cause among first re- the COVID deaths. As of this morning,
COVID cases—a staggering amount of sponders and those healthcare workers, 67,682 Americans have died of this fero-
sickness and suffering. All three juris- including nurses, whom we value so cious virus. They include my friends,
dictions remain under stay-at-home or- much. So many of them who are em- people I know, and members of my
ders to try to curb the spread of this ployed by State and local governments family. In my State of Illinois, we have
deadly virus in order to save lives and would suffer if the suggestion of bank- lost 2,618 men, women, and children to
ease the burden on our exhausted med- ruptcy went forward. this pandemic. When the Senate left
ical workers. We can legislate without violating Washington, DC, 6 weeks ago to work
My State of Illinois also remains public health guidelines and risking from home, there were 5,000 COVID in-
under a stay-at-home order as do more making this pandemic worse. So the fections in my State. There are more
than half of the States. Not one State urgent business of the Senate should be than 50,000 today. We are No. 2 in test-
in America has yet to meet the first re- the COVID challenge that we face ev- ing, so our numbers, I think, are more
quirement of safety to reopen our erywhere. In our coming back to Wash- accurate than in many other States.
schools and businesses and commu- ington, why isn’t that a priority that Americans feel great anxiety and
nities in this pandemic. That first re- has been announced? At this moment, sadness, but these healthcare profes-
quirement is a 2-week decline in new we don’t know what will happen with sionals keep our heads up and our focus
infections. Like millions of Americans, the Senate’s agenda tomorrow or in the very clear. These essential heroes are
Members of the Senate and our staffs 2 or 3 days after. If it relates to COVID– doctors, nurses, respiratory therapists,
have been working from home for the 19, count me in. If it relates to true na- pharmacists, and the men and women
last 6 weeks to try to save lives and tional security, count me in. Yet, if we who make sure there is food in these
keep our health system from col- are just coming here because of a hospitals and that the floors are clean.
lapsing. promise made to a 38-year-old Federal They include postal workers, grocery
I do have to take exception to the judge in Kentucky, it doesn’t meet the store clerks, truckdrivers, law enforce-
statement made by Senator MCCON- test. As I mentioned before, this nomi- ment officers, teachers who continue to
NELL when he said: Across America, nee was judged ‘‘not qualified,’’ and he teach our kids and help to keep them
you don’t get to take days off. I have has made statements that are openly safe. They are all part of this national
been on the phone every single day— hostile to the Affordable Care Act, effort. I would say that the notion of
my colleagues, the same—talking to which I would like to address for a mo- homeschooling, or e-schooling, which is
people in their own home States, deal- ment. now very common across America, has
ing with challenges and issues that When we passed the Affordable Care renewed the appreciation of many par-
face businesses and labor unions and Act about 10 years ago, the goal was to ents for what the teachers are doing
charities and hospitals. The list is so reduce the number of Americans who every single day to help their kids.
long that I don’t know where to start had no health insurance. It was suc- In my State and every State, people
or where to end. Yet he would suggest cessful. In the State of Illinois, it cut of color have suffered more than their
I was home, taking a day off. in half the number of uninsured—peo- share of COVID sickness and death,
Out of my home, Senator MCCON- ple without health insurance. Its crit- partly because of longstanding health
NELL, my kitchen became my surrogate ics didn’t vote for it; have not come up inequities that leave people of color
office, and I am sure many Senators with an alternative to it; and like this with more preexisting health condi-
will say the same. I worked as hard Justin Walker, the Federal judge in tions, partly because of barriers to
there as I do in this building—maybe Kentucky, have been openly contemp- healthcare, and partly because Black
harder on some days. So we didn’t take tuous of the notion of moving our Na- and Brown people fill so many jobs
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S2200 CONGRESSIONAL RECORD — SENATE May 4, 2020
that are deemed essential. One major by the critics is totally unfair—totally down, and they are shutting their reac-
hospital in Chicago told me that half unfair. tors before their licenses even expire.
the people who died from COVID–19 in We ought to be making plans to en- The Commission is also preparing to li-
their hospital were uninsured, many of sure that every American voter can cense new nuclear technologies that
them Hispanic. They are people who vote by mail in the November election, will be essential to our clean energy fu-
may or may not have health insurance. given the likelihood that this lethal ture.
They are desperate to work and earn a virus will still be threatening us. If This time of unprecedented activity
living. Some of them are afraid that this Senate is going to gather as a body requires a fully staffed and a fully
they or some member of their family in this pandemic against the medical functional agency. The Commission
may be deported if they show up to a advice of some and the sound judgment needs an inspector general to promote
hospital to report themselves sick, so of others, let’s make sure our work is the efficiency and effectiveness of the
they wait until it is literally too late, essential. We are still waiting for a re- Commission. Mr. Feitel is that indi-
and they die. port from our Republican majority vidual. Mr. Feitel is a man of character
We have seen our economy shut down leader about the agenda that brought whose commitment to upholding jus-
and a lot of hardship as a result. Many us to Washington and that brings us tice makes him an ideal candidate for
owners of businesses, restaurants, and here this week, ready to work, ready to the position.
others have talked to me and others in address the COVID–19 crisis that faces I encourage the entire Senate to vote
the Senate about how soon we can re- our country. today to confirm Mr. Robert Feitel to
open. But most of them, not all of I yield the floor. serve as the inspector general of the
them, most of them understand that I suggest the absence of a quorum. Nuclear Regulatory Commission.
going through this kind of shutdown of The PRESIDING OFFICER. The I yield the floor.
our economy and our personal lives is clerk will call the roll. I suggest the absence of a quorum.
bad—bad if we do it one time; it is hor- The bill clerk proceeded to call the The PRESIDING OFFICER. The
rible to think about doing it a second roll. clerk will call the roll.
time if we reopen too soon in the wrong Mr. BARRASSO. Madam President, I The senior assistant legislative clerk
way. ask unanimous consent that the order proceeded to call the roll.
In my State, 830,000 people filed for for the quorum call be rescinded. Mr. CORNYN. Madam President, I
unemployment insurance between The PRESIDING OFFICER (Ms. ask unanimous consent that the order
March 1 and April 25. They are among ERNST). Without objection, it is so or- for the quorum call be rescinded.
the 30 million Americans who filed for dered. The PRESIDING OFFICER. Without
unemployment since COVID came to NOMINATION OF ROBERT J. FEITEL objection, it is so ordered.
America—40 million. That is the fast- Mr. BARRASSO. Madam President, Mr. CORNYN. Madam President, the
est, deepest loss of jobs we have ever clean and constant nuclear energy is Senate was gaveled out about 6 weeks
seen. To reopen our States and Nation one of the key pillars of America’s en- ago now. We passed the $2.2 trillion
before we have done the hard and care- ergy security. Nuclear powerplants CARES Act on March 25, and here it is
ful work required to open safely only supply 20 percent of our Nation’s elec- May 4. Since that time, the global bat-
risks more infection, more death, more tricity and more than 50 percent of our tle to defeat the coronavirus has only
lost jobs, and more economic hardship. clean energy. intensified.
Reopening before we can reopen safely The Nuclear Regulatory Commission There have been some who ques-
risks overwhelming our hospitals and is the independent Federal agency that tioned the wisdom of the Senate com-
ICUs. We need to listen to public regulates these powerplants to protect ing back to Washington and convening,
health experts, the doctors and the public health and safety. It is a very but I think we need to be here, and we
nurses, many of whom have worked important job. These independent regu- need to do our jobs. We know how to do
past exhaustion. We need to be respon- latory structures and this specific one this safely. We know how to social dis-
sible and not give in to chance on the has successfully benefited the Amer- tance. We know how to wash our hands
street. ican people for decades by ensuring the and not touch our face. Those are the
What is the essential work that the safe operation of our nuclear reactors. responsibilities each of us bear to one
Senate should be doing? Investigating The Nuclear Regulatory Commis- another not to spread this virus.
why we do not have enough testing in sion’s inspector general is responsible But if there is such a thing as essen-
this country that is essential to re- for detecting and preventing waste, tial and nonessential workers—and I
opening the economy and working with fraud, and abuse, as well as mis- don’t think that distinction is one we
State, local, and Tribal governments to management at the Commission. should discuss because 26 million
help them hire and train the estimated President Trump has nominated Mr. Americans are not nonessential work-
300,000 contact tracers needed to reopen Robert Feitel to serve as inspector gen- ers; they are absolutely essential to
America safely. Rather than forcing eral of the Nuclear Regulatory Com- our economy and to our way of life.
States to bid against each other, we mission. He did that last October. Mr. But, make no mistake, self-govern-
have to plead with the President to use Feitel has been reported out of the En- ment is essential under any construc-
his authority under the Defense Pro- vironment and Public Works Com- tion, under any definition of that word.
duction Act to produce here in America mittee by unanimous vote in Decem- Our system was not made to run on
the respirators and other PPE that is ber. Today the Senate will vote to con- autopilot, so it is appropriate that we
essential for workers and their fami- firm him. show up and that we do our job and we
lies. We have to provide oversight for Mr. Feitel is well qualified. He brings protect the American people and do ev-
the Paycheck Protection Program and a wealth of experience and expertise to erything we can to defeat this virus
make sure those loans are going to this important position. Mr. Feitel has from a public health standpoint but
small business as we originally in- spent more than 25 years as an attor- also to do what is necessary to main-
tended and not to wealthy hedge fund ney at the Department of Justice and tain a lifeline to the economy and the
operators. We ought to be working to at the Federal Bureau of Investigation. workers who are an essential compo-
shore up the U.S. Postal Service, an es- During his long career Mr. Feitel re- nent of it so that, when we defeat this
sential public service created under the ceived numerous achievement awards virus, we will be prepared for people to
Constitution. What a reminder it has for his excellent service. go back to work in full and keep our
been to all of us staying at home, Mr. Feitel will be the first new in- economy and jobs growing again.
watching that letter carrier come by spector general at the Nuclear Regu- We know that about 3.5 million cases
every single day. It is a bright spot, latory Commission in over 25 years. His have been confirmed worldwide, and
with his big smile, greeted by every- nomination comes at a pivotal time for roughly a third of these cases are here
body on my street with gratitude for both the nuclear industry and the Com- in the United States. Tragically, we
his continuing work day in and day mission. Some utilities are seeking to have lost 65,000 Americans to this cruel
out. That is what our Postal Service is. operate their nuclear plants for 20 virus, but, heroically, our healthcare
For them to be degraded and insulted more years, while others are shutting workers have been on the job each and
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